Garda who was bitten by man while on duty awarded €18,000

A garda who feared he had contracted an infectious disease after he was bitten by a man has been awarded €18,000 damages.

The High Court heard Garda Mark Kilbride was unable to have sex with his wife for six months following the assault in November 2000.

Garda Kilbride told the court he was injured when he and colleagues were escorting a man, who was very agitated and aggressive, from his home to a mental health unit in Sligo where he was to be admitted as a voluntary patient.

A Garda Compensation hearing was told that when Garda Kilbride approached the man, who he knew had a history of drug abuse “with needles”, he pulled the Garda’s head back and sank his teeth into his right upper arm.

Garda Kilbride told his barrister, Sara Antoniotti, that he felt immediate and severe pain, and as the man refused to release his grip, his colleagues had to intervene and restrain him.

"It felt like he was trying to bite a chunk out of my arm," Garda Kilbride told Mr Justice Bernard Barton.

Blood samples

The court heard that after the man was admitted to the mental health unit, Garda Kilbride was taken to the Emergency Department of Sligo General Hospital where blood samples were taken.

Garda Kilbride said the man could not be asked to allow his blood to be taken for test purposes because he was in voluntary psychiatric care. He said he had been very worried for six months until final blood tests revealed he had not contracted AIDS.

The Garda, a father of two, told the court he had been worried about the possibility of passing on any infectious disease to his wife and had refrained from sexual activity with her until he had been given the all-clear.

The court heard the attack and his treatment had affected his marriage and family life. Garda Kilbride said he had remained physically fit but had to abandon his sporting activities for some time.

He had developed symptoms of post-traumatic stress and had to attend a psychiatrist. He had also suffered a soft tissue injury to his right shoulder in the assault, but it had resolved after a few weeks.

Ms Antoniotti said Garda Kilbride, who sued the Minister for Public Expenditure and Reform, had been off work for a few weeks and was now working in the Communications Centre to avoid confrontations.

Judge Barton, awarding Garda Kilbride €18,000 damages, said he was satisfied his family and marital life had been interfered with as a result of the assault.